Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
4 - EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
from A - Forms and Institutions
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
The Design Directive and Design Regulation2 (“EU design law”) are now almost twenty years old. Annette Kur was part of the drafting committee of the Max Planck proposal for an EU design law.3 The European Commission’s proposal for a legal protection of designs was close to the Max Planck draft for the most part,4 and the draft is also quite close to the actual texts of the directive and regulation.5 In assessing Annette’s many contributions it is therefore fitting to examine the impact of the Design Directive and Design Regulation. This chapter examines the case law of the twenty-eight EU Member States since the entry into force of the Design Directive and Design Regulation until August 2017, to see how countries have been transitioning from no design law (e.g. Greece) or from their old design law to the new EU design law and whether the law has achieved coherence over the first years it has been applied. Because space is limited, the chapter concentrates on one aspect, though arguably the most important (and definitely the most interpreted at national level), namely the notion of individual character and its corresponding use in infringement analysis. The chapter examines whether national courts have applied this concept and associated tests (mainly the concept of informed user) adequately or not and concludes that, overall, they have.6 Very few courts have misapplied the law, and with time the misapplications have decreased. Nonetheless, there are some courts that still misapply these notions, so the chapter proposes remedies to achieve full coherence.
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- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 56 - 67Publisher: Cambridge University PressPrint publication year: 2021
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